RAJASHEKHAR T R Vs. STATE

JUDGEMENT

(1.) These petitions, under Article 226 of the Constitution, concern with the validity of the State Government Order dated July 20, 1982 by which Sanskrit has been jettisoned from the school curriculum. The Government while giving primacy to Kannada has included Sanskrit in the list of two other languages to be studied. This patter of study shall come into effect from the academic year 1987-88 and the existing patter of language studies will continue till then. But there is a constraint on students joining VI11 Standard from the academic year 1982-83 so far as Sanskrit is concerned. They are prohibited from taking Sanskrit as hitherto available as. First language or composite First language till 1987- 88. They can, however, take it as Third language. Most of the petitioners are students. They are now studying in the VIII Standard. The other petitioners are 'Sanskrit Parishaths' which are registered Societies, the object of which, inter alia, is to disseminate and spread of Sanskrit knowledge throughout the State.

(2.) The events leading to the impugned order are as follows: Till October 20, 1979 Sanskrit was one of the First languages prescribed in the school curriculum. Sanskrit was also prescribed as composite course with another language. It appears that the "All India Kannada Sahitya Parishat" at its 49th Conference held at Shimoga, pointed out that the Sanskrit Text Books prescribed for High School Classes were not upto the standard when compared with the like Kannada Text Books. The Conference also pointed out that the students taking Sanskrit as First language used to get more marks and an easy pass. Those appears to be the cause of action for the Government to act and delete Sanskrit from the list of First languages. The Government Order dated October 20, 1979 made in this connection reads as follows:

(3.) T.N. Saraswathamma and others challenged the validity of the said Government Order in W.P. No. 2191/80. On January 30, 1980 this Court issued Rule Nisi and stayed the operation of that Government Order. Consequently, the Commissioner for Public Instructions by Circular dated April 30, 1980, directed that Sanskrit language would continue in the list of First language prescribed for study until further orders. Later on, the Government took a decision not to give effect to the order dated October 20, 1979 and filed a memo in the said writ-petition, stating thus: